HomeMy WebLinkAboutCity Council - 2006-36 RESOLUTION NO. 2 0 0 6_3 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH CONSENTING TO PAYMENT
BY THE REDEVELOPMENT AGENCY FOR THE COST
ASSOCIATED WITH THE PURCHASE AND
INSTALLATION OF A REPLACEMENT HEATING,
VENTILATION AND AIR CONDITIONING UNIT AT THE
OAKVIEW COMMUNITY CENTER AND MAKING
CERTAIN DETERMINATIONS AND FINDINGS
PURSUANT TO HEALTH AND SAFETY CODE SECTION
33445
WHEREAS,the Redevelopment Agency of the City of Huntington Beach(the
"Agency") is engaged in activities necessary to carry out and implement the
Redevelopment Plan for the Merged Redevelopment Project Area(the "Project Area") of
the City of Huntington Beach(collectively the "Redevelopment Plan"); and
Pursuant to Section 33445(a) of the California Community Redevelopment Law
(Health& Safety Code Section 33000 et seq.) ("CRL"), the Agency may, with the consent
of the City Council ("City Council") of the City of Huntington Beach ("City"),pay all or
part of the value of the land for and the cost of the installation and construction of any
facility, structure, or other improvements which is publicly owned either within or outside
a project area, if the City Council makes certain determinations; and
The Agency desires to pay all or part of the cost associated with the purchase and
installation of a replacement heating, ventilation and air conditioning unit (the "HVAC
Unit") at the Oakview Community Center, which is located within the Oakview sub-area of
the Project Area; and
It is in the best interests of the City and for the common benefit of residents,
employees, business tenants and property owners within the Project Area and the City as a
whole for the HVAC Unit to be installed at the Oakview Community Center; and
Since there are no other reasonable means available to the City to finance the
purchase and installation of the HVAC Unit, the Agency proposes to pay all or part of the
cost associated with the installation of the HVAC Unit; and
The Agency's agreemerit to pay all or part of the value of the cost of the associated
with the purchase and installation of the HVAC Unit constitutes an indebtedness of
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Reso. No. 2006-36
the Agency for the purpose of carrying out the redevelopment for the Project Area;
and
The purchase and installation of the HVAC Unit is of benefit to the Project Area
and the immediate neighborhood in which the Oakview Community Center is located; and
All other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AS FOLLOWS:
1. The City Council hereby finds and determines that the foregoing recitals are
true and correct.
2. Based on substantial evidence in the record, the City Council hereby finds
and determines that:
a. The purchase and installation of the HVAC Unit is of benefit to the
Project Area and the immediate neighborhood in which the
Community Center is located and is consistent with the goals of the
Five-Year Implementation Plan for the Project Area, including,
without limitation, the goal of improving public facilities. This
determination is based, in part, on the fact that the purchase and
installation of the HVAC Unit is in the best interests of the City and
the health, safety, morals and welfare of its taxpayers, employees,
business tenants,property owners and residents. The purchase and
installation of the HVAC Unit will benefit all employees,business
tenants and property owners of the Project Area, as well as the
residents, employees,business tenants and property owners of the
City;
b. No other reasonable means of financing the purchase and installation
of the HVAC Unit are available to the City. This determination is
based, in part, on the fact that the City itself is not in a position to
finance the purchase and installation of the HVAC Unit. Without the
assistance of the Agency,the purchase and installation of the HVAC
Unit would not be feasible; and
C. The payment of funds by the Agency for the costs related to the
installation of the HVAC Unit will assist in the elimination of one or
more blighting conditions within the Project Area and is consistent
with the Agency's Five-Year Implementation Plan for the Project
Area. This determination is based, in part, on the information
contained in paragraph a., above.
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Reso. No. 2006-36
3. The City Council hereby consents to payment by the Agency for all or part
of cost associated with the purchase and installation of the HVAC Unit as agreed upon and
directed by the Agency Executive Director(or her designee).
4. The City Administrator(or her designee) is authorized to take any action
and execute any and all documents and agreements necessary to implement this Resolution.
5. This Resolution shall take effect immediately upon its adoption.
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Reso. . No. 2006-36
Approved and adopted this r_dday of 7u1y 12006.
Mayor
ATTEST:
City Verk
APPROVED AS TO FORM:
JC t Attorney ]-
5
APPROVED AS TO FORM:
KANE, BALLMER&BERKMAN
Special Counsel
Murray O. Kane
REVIEWED AND APPROVED:
'City Ad inistrator
INITIATED AND APPROVED:
Director of Ecoi mic De-velopnwA
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Res. No. 2006-36
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the
City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on the 3rd day of July,
2006 by the following vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, Cook
NOES: None
ABSENT: None
ABSTAIN: None
City Yerk and ex-officio C rk of the
City Council of the City of
Huntington Beach, California